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HomeMy WebLinkAbout740_OZ 02-11_E 97 E Ave_S E 116 St N_Ag to RS-3Tulsa County Clerk - EARLENE WILSON Doc # 03025700 Pgs 1 b/p 6944/0205-0205 Receipt # 638786 02/25/03 Fee 13.00 000638786013 CITY OF OWASSO ORDINANCE NO. 740 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 02-11 CHANGING THE ZONING OF PROPERTY LOCATED IN PART OF LOTS ONE AND TWO AND PART OF THE NORTHEAST QUARTER (NE/4) OF THE NORTHWEST QUARTER (NW/4) OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 14, TULSA COUNTY, OKLAHOMA, FROM AG (AGRICULTURAL GENERAL) DISTRICT TO RS-3 (RESIDENTIAL SINGLE FAMILY HIGH DENSITY) DISTRICT, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application Oz- 02 -11. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITE' OF OWASSO, OKLAHOMA, THAT, Section 1. The zoning classification of the following described property, to wit: PART OF LOTS ONE (1) AND TWO (2) AND PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 7, T 21 N, R 14 E OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, MORE PARTICULARY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE SAID NW 1/4 THENCE N 00°01'25" E, ALONG THE WEST LINE OF SECTION 7, 1893.60 FEET; THENCE S 89°32'48" E, 1418.77 FEET; THENCE S 15°52'09" W. ALONG THE ATCHISON TOPEKA & SANTA FE RIGHT OF WAY, 1962.46 FEET; THENCE NORTH 89°39'24" W, 882.91 FEET TO THE POINT OF BEGINNING. be, and the same is hereby zoned from AG (Agricultural General) District to RS-3 (Residential Single Family High Density) District. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED THIS 4th day of february, 2003. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: OZ 02 -11 DATE: January 13, 2003 BACKGROUND: The City of Owasso has received a request for the review of a rezoning of approximately 49.99 acres, more or less. The subject property is located on the east side of N. 97th E. Ave. approximately 800 feet south of the intersection of E. 116th St. N. and N. 97th E. Ave. A general area map and a complete legal description have been included with your packet. The applicant is proposing to rezone the property from AG (Agricultural General District) to RS- 3 (Residential Single Family High Density District) which would allow the site to be utilized for single family residential uses. Staff has received no phone calls or letters regarding this zoning request and does not anticipate public opposition to the request for RS -3 zoning. Letters were mailed to surrounding property owners on December 12, 2002 and the legal advertisement was published on December 19, 2002. The subject property was posted on December 19, 2002. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the application at their December 30, 2002 regular meeting. No comments were provided by staff or utility providers. PLANNING COMMISSION: The Owasso Planning Commission at the January 13, 2003 regularly scheduled meeting unanimously recommended approval of the petition. If the request is approved by the City Council, an ordinance will be presented at the February 4, 2003 City Council meeting formally adopting the approval. OZ -02 -11 January 13, 2003 Page 2 RECOMMENDATION: Staff recommends Council approval of the request to rezone approximately 49.99 acres, more or less from AG (Agricultural General District) to RS -3 (Residential Single Family High Density District). ATTACHMENTS: 1. General Area Map. 2. Planning Commission Staff Report. 3. OZ 02 -11 Application. 4. Letter to Surrounding Property Owners. 5. Legal Notice. I 06TH GENERAL AREA MAP OZ 02-11 PHYLLIS J. SOKOLOSKY LIVING TRUST NORTH CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT GENERAL AREA MAP OZ 02-11 PHYLLIS J. SOKOLOSKY LIVING TRUST NORTH CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OZ 02-11 (Phyllis L Sokolosky Living Trust) STAFF REPORT BACKGROUND The City of Owasso has received a request from D.M. Sokolosky, applicant on behalf of the Phyllis J. Sokolosky Living Trust, for the review of a rezoning for approximately 49.99 acres, more or less. The subject property is located on the east side of N. 97th E. Ave. approximately 800 feet south of the intersection of N. 97th E. Ave. and E. 116th St. N. The applicant is proposing to rezone the subject property from AG (Agricultural General District) to RS -3 (Residential Single Family High Density District), which would allow the site to be utilized for single family residential uses. A general area map and a complete legal description have been attached for your information and review. LOCATION See attached legal description. EXISTING LAND USE Vacant SURROUNDING LAND USE North: Vacant South: Residential —Single Family East: Public — Owasso Sports -Plex West: Residential —Single Family PRESENT ZONING AG (Agricultural General District) North: CS (Commercial Shopping District) South: RS -3 (Residential Single Family High Density District) East: AG (Agricultural General District) West: AG (Agricultural General District) ZONING REQUIREMENTS If the application is approved, the subject property would be zoned RS -3 (Residential Single Family High Density District). According to the City of Owasso Zoning Code, single- family residential uses fall within Use Unit 6 (Single Family Dwelling) and are permitted by right in the RS -3 zoning district. The Owasso 2010 Master Plan identifies the subject property as having a future land use of low density residential and park and recreational. Much like the previous application, the proposal would seem to be inconsistent with the City's Master Plan. However, staff feels that the proposal is consistent with the Master Plan for many of the same reasons as the previous rezoning application. The majority of the site is shown as having a future land use of low density single family. As stated in the previous rezoning application and for definitional purposes, low density residential development is considered to be development of 2 — 5 dwelling units per acres. And, although a preliminary plat has not been submitted, staff is certain that any plat submitted would be consistent with the 2 — 5 dwelling unit per acre density stated in the Master Plan. Staff comes to this conclusion by reviewing the Metro Heights I Addition to the south. Metro Heights I, which was also developed by the applicant for this rezoning, was approved with an RS -3 zoning classification and a density of 3.3 dwelling units per acre (52 lots within 15.42 acres), thereby also being consistent with the definition of low density residential per the City's Master Plan. Secondly, the plan identifies the northern portion of the site as having a future land use of park and recreational. As with any residential development in the City, park and open space locations or a fee in lieu of is required at the time the plat is approved. Given the definitions of low intensity residential in the Master Plan and the City's park and open space requirements at the platting stage of development, staff feels that the proposed rezoning is consistent with the City of Owasso 2010 Master Plan. ANALYSIS As previously stated, the applicant is requesting the review of this application in order to utilize the site in a manner consistent with the subdivision to the south (Metro Heights 1). Staff feels that single family uses are appropriate for this location and given the stated definitions of low density residential development and the park and open space requirements of the City, the application is consistent with the City of Owasso 2010 Master Plan. Upon development, the subject site would receive residential water and sewer service from the City of Owasso while the burden of extending infrastructure to the site would fall upon the developer. There appear to be no infrastructure issues that would limit the development of the subject property. Staff has received no phone calls or letters regarding this zoning request. Staff does not anticipate public opposition to the request for RS -3 zoning. Letters were mailed to surrounding property owners on December 12, 2002 and the legal advertisement was published on December 19, 2002. The subject property was posted on December 19, 2002. Copies of both the letters to property owners and the legal advertisements are attached for your information and review. TECHNICAL ADVISORY COMMITTEE The rezoning was reviewed at the December 30, 2002 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. If this Commission approves the application, this item does require City Council approval. RECOMMENDATION Staff recommends approval of OZ- 02 -11, rezoning approximately 49.99 acres, from AG (Agricultural General District) to RS -3 (Residential Single Family High Density District). ATTACHMENTS 1. General Area Map. 2. OZ -02 -11 Application 3. Legal Notice. 4. Letter to Surrounding Property Owners. P.O. BOY 130 OWASSO, OKLAHOMA 74055 (913) 272 -2251 FAX (913) 272 -4997 REZONING APPLICATION PRESENT ZONING PRESEN i LSE I PROPOSED ZONING S 3 PROPOSED USE LEGAL Part of Lots One (1) and Two (2) and part of the Northeast Quarter of the Northwest Quarter (NE /4 NW /4) of Section Seven (7), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and. Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, more particulary described as follows, to -wit: BEGINNING at the Southwest Corner of the said Northwest Quarter (NW /4) THENCE North 00 01' 25" East, along the West line of Section 7, 1893.60 feet; THENCE South 890 32' 48" East, 1418.77 feet; THENCE South 15 ° 52' 09" West, along the Atchison Topeka & Santa Fe Right of Way, 1962.46 feet; THENCE North 89° 39' 24" West, 882.91 feet to the POINT OF BEGINNING nt, what is your intei t in this property? Name ofperson to be billed for publication Phone I DO HEREBY CERTIFY THAT THE SUBMITTED IS , TRUE AND INFORMATION CURO EHEREIN SIGNATURE, / DATE Please submit the completed application form and application fee along with a Certitfed 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and /or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. SUB MITTAL DATE FEE RECEIPT NUNIBER Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5 -19.99 acres 150 20 + acres 200 FOR INTERNAI OFFICE USE OPC MEETING DATE APPROVED DENIED City of Owasso Department of Community Development 111 North Main Street P.O. Box 180 Owasso, OK 74055 NOTICE TO PROPERTY OWNER OZ -02 -11 (918) 376 -1540 FAX (918) 376 -1597 Inspections- 376 -1542 www.city0fowasso.com Notice is hereby given that a public hearing will be held before the Owasso Planning Commission in the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the 13`h day of January, 2003. At that time and place, the Owasso Planning Commission will consider a request from D.M. Sokolosky, applicant for owner, for a proposed change of the zoning classification from AG (Agricultural General District) to RS -3 (Residential Single Family High Density District), which would allow the site to be utilized for single - family residential uses. The subject property is described as follows: PART OF LOTS ONE (1) AND TWO (2) AND PART OF THE NE '/4 OF THE NW '/4 OF SECTION 7, T 21 N, R 14 E OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, MORE PARTICULARY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE SAID NW '/4, THENCE N 00 001'25" E, ALONG THE WEST LINE OF SECTION 7, 1893.60 FEET; THENCE S 89 °32'48" E, 1418.77 FEET; THENCE S 15 °52'09" W, ALONG THE ATCHISON TOPEKA & SANTA FE RIGHT OF WAY, 1962.46 FEET; THENCE NORTH 89 °39'24" W, 882.91 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 49.99 ACRES, MORE OR LESS. The property is further described as lying on the east side of N. 97th E. Ave. approximately 800 feet south of the N. 97th E. Ave. and E. 116th St. N. intersection, Owasso, OK. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Owasso Planning Commission at the scheduled public hearing by the Community Development Staff. Information and maps showing the property location may be inspected in the office of the City Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376 -1543. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 12th day of December, 2002. Sincerely, Robert Moore City Planner NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ -02 -11 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 13th day of January, 2003. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: PART OF LOTS ONE (1) AND TWO (2) AND PART OF THE NE 1/4 OF THE NW i/4 OF SECTION 7, T 21 N, R 14 E OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, MORE PARTICULARY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE SAID NW /4, THENCE N 00 °01'25" E, ALONG THE WEST LINE OF SECTION 7, 1893.60 FEET; THENCE S 89 032'48" E, 1418.77 FEET; THENCE S 15 052'09" W, ALONG THE ATCHISON TOPEKA & SANTA FE RIGHT OF WAY, 1962.46 FEET; THENCE NORTH 89 039'24" W, 882.91 FEET TO THE POINT OF BEGINNING. The property is further described as lying on the east side of N. 97`h E. Ave. approximately 800 feet south of the N. 97'h E. Ave. and E. 116`h St. N. intersection, Owasso, OK. To be considered is a rezoning of approximately 49.99 acres, more or less from AG (Agricultural General District) to RS -3 (Residential Single Family High Density District). All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso City Planner. A map showing the proposed rezoning accompanies this notice. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376 -1543. Dated at Owasso, Oklahoma, this 12th day of December, 2002. Robert Moore City Planner MEMORANDUM TO: FROM: SUBJECT: DATE: BACKGROUND: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO ROBERT MOORE CITY PLANNER ORDINANCE NO. 740 January 22, 2003 At the January 21, 2003 meeting, the Owasso City Council unanimously approved a request for the rezoning of approximately 49.99 acres, more or less from AG (Agricultural General District) to RS -3 (Residential Single Family High Density District). The subject property is located on the east side of N. 97`h E. Ave. approximately 800 feet south of the N. 970'E. Ave. and E. 1161' St. N. intersection. Attached is a copy of Ordinance No. 740, which formally adopts the City Council's action of January 21, 2003. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 740. ATTACHMENTS: 1. Ordinance No. 740.